Loading...
HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1992 - 08/28 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING AUGUST 28, 1992 ATTENDANCE: Commission Members Present: John Garcia, Chairman Harold Biggs, Vice -Chairman Kenneth Fulk, Secretary Douglas Gallagher Jeffery Kelley Steve Allen Commission Members Absent: Noel Crume City Staff Present: Tom Keener, Development Coordinator Sally Leeper, Secretary CALL TO ORDER AND ANNOUNCE A QUORUM: With a quorum of the Commissioners present, the Allen Planning & Zoning Com- mission was called to order at 7:30 p.m. by Chairman Garcia at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes August 13, 1992 (Agenda Item II) Chairman Garcia read the agenda item into the record as follows: "Approve minutes of August 13, 1992, Regular Meeting." MOTION: Upon a motion by Commissioner Fulk and a second by Commissioner Kelley, the Commission voted 6 FOR and 0 OPPOSED to approve the minutes of August 13, 1992, as presented. ALLEN PLANNING & ZONING CONMUSSION AUGUST 27, 1992 PAGE 2 Request for New and Unlisted Use Bed and Breakfast Chairman Garcia read the agenda item into the record as follows: (Agenda Item III) "Consider recommendation of subcommittee regarding request for New and Unlisted Use of 'Bed and Breakfast. "' MOTION: Upon a motion by Commissioner Gallagher and a second by Commis- sioner Kelley, the Commission voted 6 FOR and 0 OPPOSED to remove Agenda Item III from the table. Commissioner Biggs discussed the findings of the subcommittee assigned to study this request. The consensus of that subcommittee was to consider this use a "Boarding House" as currently defined in the Zoning Ordinance. They recom- mend amending the Zoning Ordinance to allow Boarding House by right in the Central Business District. Discussion was held regarding the possible need for a Specific Use Permit. Requirements for parking and noise were also considered. MOTION: Upon a motion by Commissioner Gallagher and a second by Commis- sioner Biggs, the Commission voted 6 FOR and 0 OPPOSED to accept the recommendation of the subcommittee to forward a recommendation to the Zoning Ordinance Review Committee to allow Boarding House by right in the Central Business District. FINDINGS: 1. It was noted that when the Zoning Ordinance is revised, the Boarding House definition should include the term "Bed and Breakfast." 2. This use is similar in nature to motels and hotels, which are already allowed by right in the Central Business District. 3. All building and fire code requirements are addressed by existing ordi- nances. 4. The parking issue is addressed in the "Boarding House" requirements. 0 I 0 I ALLEN PLANNING & ZONING CONMUSSION AUGUST 27, 1992 PAGE 3 Request for New and Unlisted Use Senior Citizen Day Care (Agenda Item IV) Chairman Garcia read the agenda item into the record as follows: "Consider recommendation of subcommittee regarding request for New and Unlisted Use of 'Senior Citizen Day Care."' MOTION: Upon a motion by Commissioner Gallagher and a second by Commis- sioner Biggs, the Commission voted 6 FOR and 0 OPPOSED to remove Agenda Item IV from the table. Commissioner Biggs reviewed the subcommittee's recommendation that this use be considered a new and unlisted use, and be allowed in the same districts as day care for children. Discussion was held regarding the difference between home care givers for children and day care for children. Commissioner Allen suggest- ed tabling the issue for further study in order to consider "home care." iscussion was held regarding the difference between day care and home care. The question of how many people and what type of service is to be provided in a home situation remains to be clarified. Commissioner Gallagher suggested the recommendation of the subcommittee is appropriate as far as it is defined; however, the issue of the specific request before the Commission has not been answered. The Commission discussed State regulations for home care for elder- ly/disabled. Commissioner Biggs suggested that there is a safety question where residential is concerned; the ADA requirements should be considered, etc. Commissioner Fulk expressed concern about "day" care becoming "overnight" care. He stated he feels that the elderly/ disabled would require more specialized care than required for children. The Commission discussed the fact that the recommendation of the subcommittee does not address the issue of elderly care in the residential district, except by omission. Commissioner Biggs stated that if this were allowed in residential districts, then experts would be needed to outline the criteria. Commissioner Gallagher stated the initial question has not been answered by the subcommittee recommendation. Commissioner Allen stated that he felt that elderly care should be allowed in residential districts. He does not feel that elderly are more vulnerable than children in areas of safety. Request Senior Citizen Day Care (Cont.) (Agenda Item IV) Commissioner Fulk suggested it would be helpful to have the State guidelines available for review. ALLEN PLANNING 8 ZONING CONAUSSION AUGUST 27, 1992 PAGE 4 It was the consensus of the Commission that when 7 or more people are under supervised care, the use becomes a "Day Care." The question of "home care" has not been addressed. Commissioner Allen stated that elderly care should be treated the same as child care. MOTION: Upon a motion by Commissioner Gallagher and a second by Commis- sioner Folk, the Commission voted 6 FOR and 0 OPPOSED to table the request and direct the subcommittee to consider the following issues: 1) "home" care for elderly; 2) definition of "disabled"; 3) determine the types of medical assistance that would be allowed. Review of Subdivision Ordinance (Agenda Item V) Chairman Garcia read the agenda item into the record as follows: "Consider review of Subdivision Ordinance." Mr. Keener reviewed the definitions previously considered for inclusion in the revised Subdivision Ordinance. He provided a list of additional definitions he is proposing to be included. The following is the list of definitions with the changes proposed by the Commission: 1. ADDITION: One lot, tract or parcel of land lying within the Extra Territo- rial Jurisdiction of the City which is intended for the purpose of develop- ment. 2. ALLEY: A minor public right-of-way, not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street. 3. BASE FLOOD: The flood having a one percent chance of being equaled or exceeded in any given year. The base flood shall be determined by using a fully developed watershed and the City's Drainage Design Manual criteria for a 100 -year storm. 4. BICYCLE/PEDESTRIAN PATH: A public right-of-way, ten (10) feet or more in width between property lines, which provides bicycle or pedestrian circulation. 5. BOND: Any form of a surety bond in an amount and form satisfactory to the City. ALLEN PLANNING & ZONING COMMIISSION AUGUST 27, 1992 PAGE 5 Review of Subdivision Ordinance (Cont.) (Agenda Item V) BUILDING SETBACK LINE: A line defining an area on the building lot between the street right-of-way line and the building line within which no building shall be constructed, encroach, or project, except as specifically authorized by variance from the Allen Board of Adjustment. Front Building Line: A line parallel to the street right-of-way line which the building faces, and from which the primary access is taken. b. Side building setback line: A line parallel to an adjacent lot or street right-of-way on a corner lot, to which the building lot sides. Rear building setback line: A line parallel to an adjacent lot, alley, or street. In the case of double frontage lots, the rear building setback line is that to which the building backs, and has its rear or secondary access from. 7. CAPITAL IMPROVEMENT PROGRAM: The official proposed schedule of all future public projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project, as adopted by City Council. S. CLUSTER DEVELOPMENT: A method of development for land that permits variation in lot sizes without an increase in the overall density of popula- tion or development. 9. CONTIGUOUS: Lots are contiguous when at least one boundary line of one lot touches a boundary line or lines of another lot. 10. CONVEYANCE PLAT: An interim plat recording the subdivision of property or defining a remainder of property created by the approval of a final plat for a portion of property, where approval of final development plans is not sought. 11. CUL-DE-SAC: A short, minor street having no outlet to another street and terminating on the opposite end by a vehicular turnaround. 12. DEAD-END STREET: A street, other than a cul-de-sac, with only one outlet. 13. DEDICATION PLAT: A plat prepared for the purpose of dedicating land or easements for rights-of-way to the City. 14, DEVELOPER: The person, business, corporation or association responsible for the development of the subdivision or addition. In most contexts the terms Developer and Property Owner are used interchangeably in these regulations. ALLEN PLANNING & ZONING COMMISSION a. Lot depth: the length of a line connecting the midpoints of the front and rear lot lines. b. Lot, double frontage: Any lot, not a corner lot, with frontage on two (2) streets which are parallel to each other or within forth-five (45) degrees of being parallel to each other. QUESTION REGARDING 45 DEGREES C. Lot frontage: The length of street frontage between property lines. d. Lot, irregular: Any lot not having equal front and rear lot lines, or equal side lot lines; a lot, the opposite lot lines of which vary in dimension and the corners of which have an angle of either more or less than ninety (90) degrees. 21. OFF-SITE IMPROVEMENT: Any public improvement located adjacent or ted. outside the physical boundaries of the subdivision or addition to be plat- AUGUST 27, 199E PAGE 6 Review of Subdivision Ordinance (Cont.) (Agenda Item V) 15. DEVELOPMENT: Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, paving, drainage or utilities, but not agricultural activities. 16. DEVELOPMENT EXACTION: Any dedication of land or easements for, construction of, or contribution toward construction of a public improve- ment required as a condition of plat approval by the City under these regulations. 17. DRAINAGE WAY: All land areas needed to allow passage of the Base Flood, including sufficient access above the Base Flood elevation along each side of and parallel to the natural or excavated channel. DEFINE BASS FLOOD 18. ESCROW: A deposit of cash with the City in accordance with City policies. 19. FACILITIES AGREEMENT: A contract entered into by the developer and the City by which the developer promises to complete the required public improvements within the subdivision or addition within a specified time period following final plat approval. 20. LOT: An undivided tract or parcel of land having frontage on a public street or an approved open space having direct street access and which is, or in the future may be, offered for sale, conveyance, transfer or improve- ment, which is designated as a distinct and separate tract, and which is identified by a tract, or lot number, or symbol in a duly approved subdivi- sion plat which has been properly filed of re cord. ALLEN PLANNING & ZONING COMMISSION AUGUST 27, 1992 PAGE 7 Review of Subdivision Ordinance (Cont.) (Agenda Item V) 22. OPEN SPACE: Private property under common ownership designated for recreational area, private park (for use of property owners within the subdivision), play lot area, plaza area, building setbacks (other than those normally required), and ornamental areas open to the general view within the subdivision. Open space does not include streets, alleys, major utility easements for above -ground structures, public parks or required set- backs. 23. PARK: Land dedicated the City for the purpose of providing public recre- ational and/or open area. 24. PERIMETER STREET: Any existing or planned street which abuts the subdivision or addition to be platted. 25. PROPERTY OWNER: Any person, group of persons, firm or firms, corpora- tion or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land comprising the subdivision or addition, or any representative or agent thereto, who has express written authority to act on behalf of such property owner. 26. PUBLIC IMPROVEMENT: Any drainage way, roadway, parkway, sidewalk, utility, pedestrian way, off-street parking area, lot improvement, open space, or other facility for which the governmental entity will ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which government responsibility is established. 27. REMAINDER: The residual land left after platting of a portion of a tract. Platting of a residual may in some instances be required under the provi- sions of this ordinance. 28. STREET PAVEMENT WIDTH: The portion of a street available for vehicular traffic; where curbs are laid, it is the portion between the face of curbs. 29. STREETS AND ALLEYS, PRIVATE: A private vehicular access way shared by and serving two or more lots, which is not dedicated to the public and is not publicly maintained. The term private street shall be inclusive of alleys. 1 ALLEN PLANNING & ZONING CO MISSION AUGUST 27, 1992 PAGE 8 ADJOURN: MOTION: Upon a motion by Commissioner Gallagher and a second by Commis- sioner Fulk, the Commission voted 6 FOR and 0 OPPOSED to adjourn the August 27, 1992, meeting of the Allen Planning & Zoning Commis- sion at 9:45 p.m. The minutes approved this �� day of . - �� J 1992. 5�. Lt�- hn Ga cia, Chairman Kenneth Fulk, Secretary I